Corrections and Conditional Release Regulations (SOR/92-620)

Regulations are current to 2019-07-01 and last amended on 2015-06-19. Previous Versions

PART IIConditional Release (continued)

Conditions of Release (continued)

  •  (1) Where an offender makes an application for relief from or amendment to any conditions referred to in section 133 of the Act, the releasing authority shall render its decision

    • (a) in the case of an application made before an unescorted temporary absence review or a parole review is conducted in respect of the offender, within three months after the releasing authority receives the application or at the conclusion of the review, whichever is later;

    • (b) in the case of an application made after an unescorted temporary absence has been authorized or parole has been granted in respect of the offender, within three months after the releasing authority receives the application; and

    • (c) in the case of an application made before or after the release of the offender on statutory release, within three months after the releasing authority receives the application.

  • (2) The releasing authority is not required to conduct more than one review of an application referred to in subsection (1) every six months in respect of an offender.

 If the Service demands that an offender wear a monitoring device in order to monitor their compliance with a condition set out in subsection 57.1(1) of the Act, the Service is to inform the offender of the duration of the requirement.

  • SOR/2015-141, s. 1

 For the purposes of subsection 57.1(2) of the Act, the prescribed official is a monitoring device coordinator.

  • SOR/2015-141, s. 1

 If an offender makes representations regarding the duration of the requirement referred to in subsection 57.1(2) of the Act, the monitoring device coordinator is to review the representations and confirm or vary the duration of the requirement.

  • SOR/2015-141, s. 1

 The Commissioner is authorized to make rules, by Commissioner’s Directive, regarding the consequences of tampering with or refusing to wear a monitoring device.

  • SOR/2015-141, s. 1

Cancellation, Suspension, Termination and Revocation of Release

  •  (1) Where the Board cancels parole under subsection 124(3) of the Act, the Board shall review its decision within 90 days after the day on which the Board cancels the parole.

  • (2) Where the Board terminates parole under subsection 124(3) of the Act, the Board shall review its decision within 90 days after the day on which the Board is notified of the offender’s recommitment to custody in a penitentiary.

  • (3) Where the case of an offender has been referred to the Board pursuant to subsection 135(4) or (5) of the Act, and unless an adjournment of the review is granted by the Board at the offender’s request, the Board shall render its decision within 90 days after the date of the referral, or the date of admission of the offender to a penitentiary or to a provincial correctional facility where the sentence is to be served in such a facility, whichever date is the later.

  • (4) Where the Board acts pursuant to subsection 135(7) of the Act, the Board shall review its decision within 90 days after the day on which the Board is notified of the offender’s recommitment to custody in a penitentiary.

  • SOR/96-108, s. 4

Review by Way of Hearing

  •  (1) Any review by the Board of the case of an offender who is serving, in a penitentiary, a sentence of life imprisonment imposed as a minimum punishment or commuted from a sentence of death, or a sentence of detention for an indeterminate period, and who applies for an unescorted temporary absence, shall be by way of hearing until a first unescorted temporary absence is authorized or a first day parole is granted by the Board.

  • (2) Where the Board’s approval is required pursuant to subsection 747(2) of the Criminal Code, any review by the Board of the case of an offender who is serving a sentence of life imprisonment as a minimum punishment or commuted from a sentence of death, and who applies for an escorted temporary absence for community service, family contact, personal development for rehabilitative purposes or parental responsibilities, shall be by way of hearing until a first escorted temporary absence is approved by the Board.

Dispensing with a Hearing

 Subsection 140(3) of the Act respecting reviews that the Board may conduct without a hearing applies

  • (a) [Repealed, SOR/2012-234, s. 4]

  • (b) in respect of a review for day parole, to an offender serving a sentence of imprisonment of less than two years; and

  • (c) in respect of a review for full parole, to an offender who has been released on day parole at the time of the review.

  • SOR/2012-234, s. 4

Records of Reviews and Decisions

  •  (1) Where the Board conducts a review of the case of an offender by way of hearing, it shall maintain a record of the proceedings until the expiration of the offender’s sentence according to law.

  • (2) Where the Board renders a decision with respect to an offender following a review of the offender’s case, it shall

    • (a) maintain a copy of the decision and the reasons for the decision until the expiration of the offender’s sentence; and

    • (b) provide the offender with a copy of the decision, including the reasons for the decision, within 15 days after the day on which it was made.

Access to the Registry of Decisions for Research Purposes

  •  (1) A person who is requesting, pursuant to subsection 144(3) of the Act, access to the registry of decisions of the Board for research purposes shall apply in writing to the Board and provide a written description of the nature of the information and the classes of decisions in respect of which access is sought.

  • (2) Subject to subsection (3), where the conditions set in subsection (1) have been complied with, the Board shall allow the person to have access to the registry within one month after receiving the application.

  • (3) The Chairperson of the Board may extend the time limit set out in subsection (2) where, having regard to all of the circumstances,

    • (a) access is requested to such a large number of decisions or necessitates a search in such a large number of decisions that the time set out in subsection (2) is unreasonable; or

    • (b) consultations are necessary and require a longer period of time before the Board may adequately respond to the request.

  • (4) Where a longer period of time is required by the Board pursuant to subsection (3), it shall inform the person who is requesting access of the reasons for the extension within one month after receiving the application.

Appeals to Appeal Division

 For the purposes of subsection 147(3) of the Act, an offender or a person acting on behalf of an offender may appeal a decision of the Board to the Appeal Division by sending a written notice to the Board stating the grounds on which the appeal is made and providing the information and material in support of the grounds of appeal, within two months after the decision of the Board.

 
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